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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Seenappa, S/o. Thimmaiah – Appellant
Versus
State Of Karnataka, By Nandagudi Police Station Represented By SPP – Respondent
ORDER :
SACHIN SHANKAR MAGADUM, J.
This petition is filed by the accused seeking quashing of the proceedings pending in Crime No.178/2024 for the offence punishable under sections 190, 318(4), 335, 336(3), 351(2) of the Bharatiya Nyaya Sanhita, 2023.
2. Facts leading to the case are as under:
Respondent No.2 lodged a written complaint alleging that petitioner No.16 purchased an extent of 4 acres 1¾ guntas under a registered sale deed dated 19.09.2024 from petitioners No.1 to 15, by including within it the complainant’s property measuring 1 acre 20 guntas in Sy.No.201. Acting upon this complaint, the jurisdictional police registered a crime, alleging that the petitioners had committed the offences of cheating and forgery by incorporating, in the said sale deed, the land that had been purchased by the complainant’s mother in 1972 to an extent of 1 acre 20 guntas. The petitioners have approached this Court seeking quashing of the criminal proceedings on the ground that respondent No.2 has already instituted a comprehensive civil suit seeking declaration and injunction in O.S.No.740/2024.
3. Learned counsel for the petitioners, reiterating the grounds urged in the petition, vehemently conte
The court ruled that when a dispute is essentially civil in nature and overlaps with criminal allegations, the criminal proceedings should be quashed to prevent abuse of the legal process.
Criminal proceedings for cheating under Section 420 IPC cannot proceed concurrently with civil suits regarding property disputes, highlighting the need for civil resolution of complex property rights....
Criminal proceedings should not be pursued when the dispute is purely civil and lacks essential elements of a cognizable offence, to prevent misuse of criminal law.
The court emphasized that civil disputes should not be converted into criminal cases, and the continuation of such proceedings constitutes an abuse of the legal process.
Criminal proceedings cannot be maintained if they are essentially civil disputes, especially when a civil remedy is available.
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
Criminal proceedings cannot be quashed under Section 482 of Cr.P.C. when serious allegations of cheating and fraud are established, necessitating further investigation.
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